Legality of the Bradford Factor

According to MBIE, employment law does not prevent employers from using tools such as the Bradford Factor to assess the impact of employee absences.

But Human Rights Commission chief legal advisor Janet Anderson-Bidois said the Human Rights Act prohibited discrimination on the basis of disability, which included psychiatric illness, psychological impairment and physical illness.

"It is against the law to directly or indirectly discriminate in the employment setting, including offering employees less favourable work terms, condition of work and opportunities for training or promotion."